I 

116TH CONGRESS 

1ST SESSION H. R. 2804 

To amend title 23, United States Code, with respect to apportionments 

to States for certain highway programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2019 

Mr. FOSTER (for himself and Mr. KUSTOFF of Tennessee) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend title 23, United States Code, with respect to 

apportionments to States for certain highway programs, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Allocation of 

5 Highway Funds Act of 2019’’. 

6 SEC. 2. CALCULATION OF AMOUNTS. 

7 Section 104(c)(1)(B) of title 23, United States Code, 

8 is amended— 


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1 (1) by striking ‘‘The initial amounts’’ and in2 serting the following: 

3 ‘‘(i) GENERAL RULE.—Except as pro4 vided in clause (ii), the initial amounts’’; 

5 and 

6 (2) by adding at the end the following: 

7 ‘‘(ii) SPECIAL RULE FOR FISCAL

8 YEARS 2020 THROUGH 2022.— 

9 ‘‘(I) IN GENERAL.—Notwith10 standing clause (i), for each of fiscal 

11 years 2020, 2021, and 2022, the ini12 tial amounts resulting from the cal13 culation under subparagraph (A) shall 

14 be adjusted to ensure that each State 

15 receives an aggregate apportionment 

16 equal to at least 95 percent, but not 

17 more than 105 percent, of the sum 

18 of— 

19 ‘‘(aa) the estimated tax pay20 ments attributable to highway 

21 users in the State paid into the 

22 Highway Trust Fund (other than 

23 the Mass Transit Account) in the 

24 most recent fiscal year for which 

25 data are available; plus 


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1 ‘‘(bb) an amount which 

2 bears the same ratio to the Gen3 eral Fund transfer amount for 

4 the applicable fiscal year as— 

5 ‘‘(AA) the aggregate of 

6 amounts collected in such 

7 State under the Federal in8 ternal revenue laws (other 

9 than the taxes and penalties 

10 described in section 9503(b) 

11 of the Internal Revenue 

12 Code of 1986) in the most 

13 recent fiscal year for which 

14 data are available; bears to 

15 ‘‘(BB) the aggregate of 

16 amounts collected in all 

17 States under such Federal 

18 internal revenue laws in 

19 such fiscal year. 

20 ‘‘(II) TOTAL APPORTIONMENT.— 

21 After the adjustment described in sub22 clause (I), the amount for each State 

23 determined under this subsection for 

24 each of fiscal years 2020, 2021, and 

25 2022 shall be adjusted by a single 


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1 multiplicative factor to ensure that 

2 the total amount apportioned will not 

3 be affected by this clause. 

4 ‘‘(III) GENERAL FUND TRANS5 FER AMOUNT DEFINED.—In this 

6 clause, the term ‘General Fund trans7 fer amount’ means, for a fiscal year, 

8 the product obtained by multiplying 

9 the amount identified in section 

10 9503(f)(8)(A) of the Internal Revenue 

11 Code of 1986 by the proportion 

12 that— 

13 ‘‘(aa) the amount authorized 

14 for appropriation under section 

15 1101(a)(1) of the FAST Act for 

16 that fiscal year; bears to 

17 ‘‘(bb) the aggregate amount 

18 authorized for appropriation 

19 under section 1101(a)(1) of the 

20 FAST Act for fiscal years 2020, 

21 2021, and 2022.’’. 

Æ 


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